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Real Property & Development Review

Covers real estate, construction, and land use laws in the Pacific Northwest. By Davis Wright Tremaine, LLP.

http://www.dwtrealpropertyreview.com/

May 18
Senators Request GAO Review of CFIUS Oversight of Foreign Investment in U.S. Real Estate

Senators Request GAO Review of CFIUS Oversight of Foreign Investment in U.S. Real Estate

Three senators – Senate Banking Committee Ranking Member Sherrod Brown, Sen. Ron Wyden, ranking member on the Senate Finance Committee, and Sen. Claire McCaskill, ranking member on the Homeland Security and Government Affairs…
May 18
Senators Request GAO Review of CFIUS Oversight of Foreign Investment in U.S. Real Estate

Senators Request GAO Review of CFIUS Oversight of Foreign Investment in U.S. Real Estate

Three senators – Senate Banking Committee Ranking Member Sherrod Brown, Sen. Ron Wyden, ranking member on the Senate Finance Committee, and Sen. Claire McCaskill, ranking member on the Homeland Security and Government Affairs…
Apr 18
WA Court of Appeals Clarifies Necessary Parties to Lien Enforcement Action Where Release Bond Has Been Posted

WA Court of Appeals Clarifies Necessary Parties to Lien Enforcement Action Where Release Bond Has Been Posted

Attempting to clarify a statute that has been “the source of considerable confusion,” the Washington Court of Appeals concluded the only necessary party that must be named as a defendant in a lien enforcement action where a…

Rank this Week: 281

Eminent Domain Blog

Covers condemnation and real estate law. By David B. Snyder of Fox Rothschild, LLP.

http://eminentdomain.foxrothschild.com/

May 22
Cal. Court Finds Appraiser Cannot Be Sued By Borrower If Appraisal Prepared For Lender Only

Cal. Court Finds Appraiser Cannot Be Sued By Borrower If Appraisal Prepared For Lender Only

The California Court of Appeal, Third Appellate District certified for publication its recent decision in Tindell v. Murphy. In that case, mortgage borrowers sued an appraiser saying they relied on his appraisal to purchase their home. The…
May 4
Multiple States Considering Valuation Legislation

Multiple States Considering Valuation Legislation

The Appraisal Institute reported that 21 pieces of legislation affecting the valuation profession are pending in 14 states. A list can be found at…
Apr 30
House Committee Passes USPAP Exemption Bill

House Committee Passes USPAP Exemption Bill

The House Financial Services Committee recently passed legislation exempting appraisers from having to conduct evaluations in accordance with the Uniform Standards of Professional Appraisal Practice for loans under $250,000 that were held in…

Rank this Week: 1040

von Briesen Legal News

By von Briesen & Roper, s.c.

http://www.vonbriesen.com/legal-news

May 16
Not So Simple Estate Planning Considerations After 2017 Tax "Simplification"

Not So Simple Estate Planning Considerations After 2017 Tax "Simplification"

In December 2017 when Congress passed and the President signed the new tax bill, often referred to as the "Tax Cuts and Jobs Act," there was a great deal of publicity about its impact on individual and business income taxes. What has not…
May 1
The Wisconsin Court of Appeals Reverses A $68 Million Judgment In An Environmental Insurance Coverage Case

The Wisconsin Court of Appeals Reverses A $68 Million Judgment In An Environmental Insurance Coverage Case

Johnson Controls, Inc. v. Central National Insurance Company of Omaha, No. 2014AP2050, unpublished slip op. (Wis. App. Apr. 25, 2018) In Johnson Controls, Inc. v. Central National Insurance Company of Omaha, No. 2014AP2050, unpublished…
Apr 4
OIG Work Plan Monthly Updates (January, February, and March 2018)

OIG Work Plan Monthly Updates (January, February, and March 2018)

As previously explained in von Briesen's Legal Update OIG Work Plan Moves from Annual to Monthly Updates, the United States Department of Health and Human Services, Office of Inspector General (the "OIG") has decided to update its…

Rank this Week: 839

Green Building Law Update

Covers green building trends and regulations for the construction, design and insurance industries. By Chris Cheatham.

http://www.greenbuildinglawupdate.com/

May 6
European Data Privacy Law Applicable to Green Building

European Data Privacy Law Applicable to Green Building

With the upcoming May 25, 2018 effective date for the new European General Data Protection Regulation, the European Union law drafted to provide greater protections for the personal data of individuals, it is a good time to review and…
Apr 29
The World is being Forced to Rethink Recycling

The World is being Forced to Rethink Recycling

Maybe not since Plato wrote about the value of reusing waste in the fourth century BC has recycling undergone the wide fluctuation, good and bad, that we are seeing right now. Today, the world has been forced to rethink its approach to waste.…
Apr 22
The Last Straw for a Rational Environmental Policy?

The Last Straw for a Rational Environmental Policy?

In the wake of the 48th anniversary of Earth Day yesterday, among the hottest environmental issues of the day appears to be criminalizing the plastic drinking straw. The import of the “war on drinking straws” must be true because…

Rank this Week: 803

Focuses on including international arbitration, real estate investment and land development, financing, foreign investment and tax, Miami’s new zoning code (Miami 21), public-private partnerships, hospitality, and construction in Miami, Florida. By Bilzin Sumberg Baena Price & Axelrod LLP.

http://www.newmiamiblog.com/

Apr 19
Expediting Bid Protest

Expediting Bid Protest

Last week, the Rand Corporation, which just completed an analysis of the federal bid-protest system, announced that one thing the federal government has been doing particularly well is resolving bid protests quickly–the majority within…
Apr 11
New Ordinance Proposed to Facilitate Mass Transit in South Florida

New Ordinance Proposed to Facilitate Mass Transit in South Florida

Regional mass-transit systems are often plagued by the permitting challenges associated with construction in multiple cities, each with its own priorities, regulations, and permitting processes. For example, the cost of the first leg of…
Mar 28
Real Estate Tax Help for Vertical Subdivision

Real Estate Tax Help for Vertical Subdivision

For many years we have sought to address the problems faced by mixed-use developments where different uses in a single structure are carved up into separate fee simple parcels. The main problem has been the inability to obtain separate tax…

Rank this Week: 783

Florida Elder Law and Estate Blog

Covers Florida estate planning, probate, and construction law issues. By the Law Office of R. Kellen Bryant., P.L.

http://www.eldercarelawjacksonville.com/

Nov 10
Can my Parent Qualify for Florida Nursing Home Medicaid if he or she has joint assets?

Can my Parent Qualify for Florida Nursing Home Medicaid if he or she has joint assets?

Today I’m going to answer the question, “Can my parent qualify for Florida Nursing Home Medicaid if he or she has joint assets?” In order to answer this question and the concerns that can happen here, we have to address…
Nov 3
When is the Appropriate Time to Seek Legal Advice for my Parent if he or she is going into Assisted Living in Florida?

When is the Appropriate Time to Seek Legal Advice for my Parent if he or she is going into Assisted Living in Florida?

When is the appropriate time to seek legal advice for your parent if he/she is going to assisted living in Florida? You may be thinking, “Why the heck should an attorney be involved?” Attorneys should be involved in the…
Oct 30
Should I Retitle my Deed to Protect my Parents’ House from Florida Medicaid or the Nursing Home?

Should I Retitle my Deed to Protect my Parents’ House from Florida Medicaid or the Nursing Home?

Today I’m going to answer a frequently asked question: “Should I re-title or change the deed to protect my parents’ house from Florida Medicaid or the nursing home?” People also say things like, “Can I…

Rank this Week: 1044

Construction Law Today

Covers construction industry news and updates. By Joshua Glazov.

http://www.constructionlawtoday.com/

Aug 21
Waiting for Claim Assignment Doesn’t Toll Statute of Limitations: American Family v. Plunkett

Waiting for Claim Assignment Doesn’t Toll Statute of Limitations: American Family v. Plunkett

After paying a flood damage claim, an insurance company waits too long to get an assignment of the rights to sue a contractor and architect. Result: the insurance company’s lawsuit gets dismissed and the Illinois Appellate Court…
Jun 17
Construction Mortgage Foreclosure Does Not Wipe Out Reciprocal Easement Agreement Rights: Bank of America v. Cannonball

Construction Mortgage Foreclosure Does Not Wipe Out Reciprocal Easement Agreement Rights: Bank of America v. Cannonball

A foreclosing construction lender recently tried to wipe out liens securing debt under a shopping center cross-use and easement agreement. The Illinois Appellate Court denied that attempt. The decision: Bank of America v. Cannonball LLC.…
Mar 6
No Mechanics Lien For Pre-Purchase Due Diligence Consultant

No Mechanics Lien For Pre-Purchase Due Diligence Consultant

Fees for property purchase feasibility consulting are not secured by a mechanics lien. That’s what a panel of Illinois Appellate Court Justices held in Mostardi-Platt Associates v. Czerniejewski. Backstory Power Holdings of Illinois…

Rank this Week: 777

Msquire's Musings

Covers the analysis and management of legal risks for entrepreneurs, small businesses, community associations (homeowners associations) and other non-profit organizations. By Linda E. Cummings.

http://msquire.wordpress.com

Dec 28
The Humor in Parenting a Child With Special Need

The Humor in Parenting a Child With Special Need

If you are the parent of a child with special needs engaged in the never ending struggle to advocate for your child’s right to an education, the term “special ed” does not tend to bring a smile to your face. Indeed, the idea that…
Dec 28
The Humor in Parenting a Child With Special Need

The Humor in Parenting a Child With Special Need

If you are the parent of a child with special needs engaged in the never ending struggle to advocate for your child’s right to an education, the term “special ed” does not tend to bring a smile to your face. …
Oct 13
On Big Gifts in Small Package

On Big Gifts in Small Package

I struggled a bit for a title for this post, and I’m still not sure I got it right (but I’m thinking there might not be a “right” title for this one). Anyway . . . . Despite my best efforts to “catch up” on Columbus Day, this…

Rank this Week: 761

Florida Construction Law Blog

By Malka & Kravitz, P.A.

http://www.mkpalaw.com/blog

May 25
How do construction disputes typically arise?

How do construction disputes typically arise?

Broward County contractors often go the extra mile to smooth over disputes with their clients and avoid the hassle and expense of litigation. But there are times when it's important to take a stance on these matters and fight...
May 11
Don't fall into the kickback trap

Don't fall into the kickback trap

If you're a contractor, chances are good that you've seen your share of grifters in the industry. They may glad-hand you when they see you on the job site, but behind the scenes, they're backstabbing you by rigging the...
Apr 27
Address construction disputes legally and right away

Address construction disputes legally and right away

There are few owners of construction companies who will escape their careers unscathed by some type of legal issue. From labor disputes with workers to breaches of contracts with suppliers or dissatisfied customers, the industry is fraught…

Rank this Week: 2251

Massachusetts Real Estate Lawyer…

Massachusetts Real Estate Lawyer Blog

Covers construction, foreclosure, real estate and property law. By Pulgini & Norton, LLP Attorneys at Law.

http://www.massachusettsrealestatelawyer-blog.com/

May 24
Massachusetts Homeowner Faces Legal Obstacles Appealing a Special Permit Granted to Circus School

Massachusetts Homeowner Faces Legal Obstacles Appealing a Special Permit Granted to Circus School

The consequences of a zoning board decision are not limited to the subject property but may also affect the neighborhood and wider community. In certain situations, someone who believes a decision will negatively affect them may…
May 15
Massachusetts Court Examines Early Records to Determine Status of Public Way Passing Through Privately Owned Land

Massachusetts Court Examines Early Records to Determine Status of Public Way Passing Through Privately Owned Land

Over many years, the discontinued use of a public road or way could lead to a dispute over ownership, as in a May 9, 2018 Massachusetts real estate case. The plaintiffs filed the action in the Land Court, seeking a determination that a…
May 8
Massachusetts Homeowner Argues Deed Restrictions on Her Property Are Against Public Policy

Massachusetts Homeowner Argues Deed Restrictions on Her Property Are Against Public Policy

A deed restriction may significantly affect one’s enjoyment of their own property by prohibiting certain uses, activities, or construction. The plaintiff in an April 26, 2018 Massachusetts land use case challenged a deed…

Rank this Week: 2603

Guelph Employment Law Blog

Discusses labour and employment issues such as termination, wrongful dismissal, constructive dismissal, severance, notice, and non-competes.

http://petermcsherry.ca/blog/

May 24
Unjust Dismissal – Canada Labour Code

Unjust Dismissal – Canada Labour Code

Federal Judge Reviews Unjust Dismissal Remedy A recent decision of the Federal Court of Canada[1] illustrates the tremendous power of the Unjust Dismissal remedy under the Canada Labour Code. Who Qualifies This relief is available only to…
May 17
Bankruptcy and Employment Law

Bankruptcy and Employment Law

The recent news that Harvey Weinstein’s company is filing for bankruptcy raises the issue of what impact such an event will have upon employees’ claims. The short answer is this is a disaster. Wage Claims Once a company goes bust,…
May 11
New Public Holiday Compensation Rule

New Public Holiday Compensation Rule

The Ontario Government has announced new, well make that old, rules on how an employer is to calculate compensation owed to a worker for a statutory holiday. The Old-New Rule The Government had previously introduced new rules as part of…

Rank this Week: 1681

K&L Gates Construction Law…

K&L Gates Construction Law Blog

Covers legal issues, news, and regulations relating to the construction industry. By K&L Gates.

http://www.klconstructionlawblog.com/

May 23
California Supreme Court Provides Clarity to California’s Prompt Payment Exception

California Supreme Court Provides Clarity to California’s Prompt Payment Exception

By Timothy L. Pierce and Heather L. Frisch The California Supreme Court issued an opinion on May 14, 2018 in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co. that resolves a split in authority regarding whether Civil Code…
May 17
The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is a Covered “Occurrence”

The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is a Covered “Occurrence”

By Frederic J. Giordano, Stephanie S. Gomez The United States Court of Appeals, Tenth Circuit recently issued a…
Apr 25
A New (Sort of) Class Action in Protection of European Consumer

A New (Sort of) Class Action in Protection of European Consumer

By Ignasi Guardans Background The European Commission (“Commission”) presented this initiative in the context of a proposed revision of the EU framework on consumer protection. The “Package” (as the name goes when…

Rank this Week: 4068

Construction Law Musings

Thoughts on the construction law landscape. By Christopher G. Hill.

http://constructionlawva.com

May 23
More Fishing with Construction Client

More Fishing with Construction Client

I have written before here at Construction Law Musings about the value of personal interactions with clients in the age of internet marketing, Twitter, etc. At times, however, even I forget my own advice and tend to stick to my office and use…
May 4
Be Ready to Lien in 2009 (but Be Careful!)

Be Ready to Lien in 2009 (but Be Careful!)

Originally posted 2010-07-30 12:28:30. 2009 is likely to be a year in which many construction liens are filed. As all of us in construction know, and as reported in the AGC SmartBrief, the beginning of 2009 and through 2010 will likely show…
May 4
The Top 10 Changes to the AIA A201: What You Need to Know

The Top 10 Changes to the AIA A201: What You Need to Know

For this week’s Guest Post Friday here at Musings, we welcome back Melissa Dewey Brumback. Melissa is a construction law attorney with Ragsdale Liggett in Raleigh, North Carolina. Aside from the fact that she is a UNC grad…

Rank this Week: 3869

Best Practices Construction Law

Construction-related blog focused on transportation, healthcare, technology and legal trends. By Stites Harbison PLLC.

http://www.bestpracticesconstructionlaw.com/

May 22
Active Interference Wins Skee Ball Points and Precludes Enforcement of A “No Damages for Delay” Clause

Active Interference Wins Skee Ball Points and Precludes Enforcement of A “No Damages for Delay” Clause

Last week during family skate night, my daughter asked me for two quarters to play some Skee-Ball. I loved playing that game as a kid. But imagine my surprise when I turned the corner and witnessed her active interference with the…
May 21
Words and Numbers: Contractor Forfeits Bid Bond When It Mistakenly Leaves Out “Thousand” Word

Words and Numbers: Contractor Forfeits Bid Bond When It Mistakenly Leaves Out “Thousand” Word

Contractors make mistakes with words. Contractors make mistakes with numbers. And sometimes, a mistake with words leads to a mistake with numbers. In Clark Construction Co. v. Alabama Highway Department, a highway contractor tried…
May 18
Say What? The Rise of Criminal Liability for Construction Accident

Say What? The Rise of Criminal Liability for Construction Accident

Today’s guest post is by Chris Meyers and Cheri Gatlin, two of my fellow partners at Burr & Forman, LLP. Chris is a partner and Cheri Gatlin is Chair of the firm’s Construction and Project Development Practice…

Rank this Week: 3631

The Lien Zone Construction Law…

The Lien Zone Construction Law Blog

The Lien Zone is a construction law blog for Florida contractors. It includes forms, infographics, videos and articles.

http://www.thelienzone.com

May 22
Copyright Your Construction Plan

Copyright Your Construction Plan

Is there such a thing as copyright infringement on a set of construction plans? Yes there is.Courts have found that an original design of a building embodied in any tangible medium of expression, including plans or drawings, is…
May 15
How Do You Lien a Job With Multiple Direct Contracts?

How Do You Lien a Job With Multiple Direct Contracts?

We’ve often written about it – can you file a blanket lien incorporating all the improvements arising out of several contracts? After all, they’re all related to the same property. No, you can’t. Here’s What You…
May 8
Collecting the Undisputed Portion of a Construction Claim

Collecting the Undisputed Portion of a Construction Claim

Most construction claims are made up of amounts that are in dispute and others that are not. And often, the party holding the undisputed sum does so to exert leverage. But Florida construction makes collecting the undisputed portion of a…

Rank this Week: 2217

Accessibility Defense

Covers the defense of accessibility claims under the ADA and FHA. By Richard Hunt.

http://accessdefense.com

May 21
PTSD and dogs – what does the ADA require?

PTSD and dogs – what does the ADA require?

A recent news* story about a veteran with PTSD and his dog is a good reminder that service dogs and emotional support dogs are not the same, and that the subject is still confusing to many people. This is especially important now because many…
May 19
Invisible disabilities under the FHA and ADA – when are they really real?

Invisible disabilities under the FHA and ADA – when are they really real?

Among the most frustrating claims of disability for landlords, businesses and clear thinking lawyers are those involving mental impairments – invisible disabilities whose very existence is hard to determine. For this blog we’re…
May 10
Quick Hits – All the news for April 2018

Quick Hits – All the news for April 2018

April was a busy month for courts confronting ADA lawsuits and some of the news is good for business; at least for business outside the Ninth Circuit. Of the cases we discuss, the two website cases are the most interesting, for they show how…

Rank this Week: 1165

Supplemental Conditions

Covers construction law developments and litigation. By Wally Zimolong.

http://www.supplementalconditions.com/

May 21
How to Challenge a Project Labor Agreement

How to Challenge a Project Labor Agreement

Building and Construction Trades Council of Metropolitan District v. Associated Builders and Contractors of Massachusetts Rhode Island, Inc Massachusetts Water Resources Authority v. Associated Builders and Contractors of Massachusetts…
May 13
NLRB Slaps New Jersey Contractor for Illegal Double Breasted Operation

NLRB Slaps New Jersey Contractor for Illegal Double Breasted Operation

A recent NLRB decision underscores the dangers of improperly operating a double breasted construction firm. In Rdm Concrete & Masonry, LLC, Collective Concrete, Inc., & Remco Concrete, LLC, Alter Egos & A Single…
May 6
Retaliatory Discharge: What you can learn from the Smith v. UFC matter?

Retaliatory Discharge: What you can learn from the Smith v. UFC matter?

I don’t know much about the Ultimate Fighting Championship (“UFC”). I don’t follow the sport. However, I do follow the NLRB dockets and the matter Zubba, LLC d/b/a Ultimate Fighting Championship caught my…

Rank this Week: 3274

Florida Construction Law Group…

Florida Construction Law Group Blog

Covers foreclosures and construction defects.

http://floridaconstructionlawgroup.com/fclg-blog/

May 20
Understanding Performance Bond

Understanding Performance Bond

When the owner of a property hires a contractor in Florida, they will typically want to have the contractor secure a performance bond in place prior to starting the project. This bond offers protection to the property owner so they can be…
Apr 20
Know the Difference Between an Independent Contractor and an Employee

Know the Difference Between an Independent Contractor and an Employee

For most construction companies, it is necessary to have a combination of full-time employees and independent contractors to complete specific jobs. Each of these two types of workers will be able to fulfill different types of roles so that…
Mar 20
Construction Law: 4 Tips to Avoid A Lawsuit

Construction Law: 4 Tips to Avoid A Lawsuit

As a construction company or general contractor, virtually all new jobs start out on a positive note for all parties involved. Over the course of the job, however, things can deteriorate and result in some major issues. Even when both parties…

Rank this Week: 2660

Florida Construction Law Group…

Florida Construction Law Group Blog

By the Law Office of Ray Garcia, P.A.

http://floridaconstructionlawgroup.com/fclg-blog/

May 20
Understanding Performance Bond

Understanding Performance Bond

When the owner of a property hires a contractor in Florida, they will typically want to have the contractor secure a performance bond in place prior to starting the project. This bond offers protection to the property owner so they can be…
Apr 20
Know the Difference Between an Independent Contractor and an Employee

Know the Difference Between an Independent Contractor and an Employee

For most construction companies, it is necessary to have a combination of full-time employees and independent contractors to complete specific jobs. Each of these two types of workers will be able to fulfill different types of roles so that…
Mar 20
Construction Law: 4 Tips to Avoid A Lawsuit

Construction Law: 4 Tips to Avoid A Lawsuit

As a construction company or general contractor, virtually all new jobs start out on a positive note for all parties involved. Over the course of the job, however, things can deteriorate and result in some major issues. Even when both parties…

Rank this Week: 2588

Florida Construction Legal Updates

Covers Florida construction law and government contracting. By David Adelstein.

http://www.floridaconstructionlegalupdates.com

May 19
TYPE I DIFFERING SITE CONDITIONS CLAIM IS NOT EASY TO PROVE

TYPE I DIFFERING SITE CONDITIONS CLAIM IS NOT EASY TO PROVE

A differing site condition claim will almost universally result in both a cost and time impact. There will be additional, unanticipated costs incurred. And there will likely be a delay requiring additional time to…
May 13
EXCULPATORY PROVISIONS IN BUSINESS CONTRACTS

EXCULPATORY PROVISIONS IN BUSINESS CONTRACTS

An exculpatory provision in a contract is a provision that relieves one party from liability for damages. It shifts the risk of an issue entirely to the other party. Such a provision is generally drafted by the party preparing…
May 11
RECEIVING A $0 VERDICT AND STILL BEING DEEMED THE PREVAILING PARTY FOR PURPOSES OF ATTORNEY’S FEES

RECEIVING A $0 VERDICT AND STILL BEING DEEMED THE PREVAILING PARTY FOR PURPOSES OF ATTORNEY’S FEES

Low and behold, a party can be the prevailing party for purposes of attorney’s fees even if that party is awarded $0. That’s right, even if the party is awarded a big fat zero, they can still be the prevailing ……

Rank this Week: 2537

Gravel2Gavel Construction Law Blog

Covers construction law, government contracts, infrastructure and public-private partnerships. By Pillsbury Winthrop Shaw Pittman LLP.

http://www.gravel2gavel.com/

May 18
District Court Confirms that City of Oakland Breached its Development Agreement with Coal Terminal Developer

District Court Confirms that City of Oakland Breached its Development Agreement with Coal Terminal Developer

On May 15, the U.S. District Court for the Northern District of California held that the City of Oakland’s attempt to apply a new “coal ban” ordinance to a coal handling terminal was invalid. The District Court…
May 17
Forecast Sunny for Solar Contractors in California

Forecast Sunny for Solar Contractors in California

On May 9, the California Energy Commission announced that it has “adopted building standards that require solar photovoltaic systems starting in 2020.” The 2019 Building Energy Efficiency Standards are expected to “reduce…
May 17
New Rule Prohibits Use of Funds For Certain DoD Construction and Infrastructure Programs and Project

New Rule Prohibits Use of Funds For Certain DoD Construction and Infrastructure Programs and Project

Recently, our colleagues Glenn Sweatt and Alex Ginsberg published their Client Alert titled DFARS Clause Blocks Funding for Unsafe Projects in Afghanistan, Recently published regulation implements the FY17 NDAA to prohibit use of funds for…

Rank this Week: 3560

Construction Law blog

By Holland & Hart LLP.

http://www.hhconstructionlaw.com/

May 16
Colorado Court of Appeals Clarifies that Intent is Not the Only Way to Prove Civil Theft Liability for Trust Fund Violation

Colorado Court of Appeals Clarifies that Intent is Not the Only Way to Prove Civil Theft Liability for Trust Fund Violation

By Kevin Bridston Colorado’s trust fund statutes (CRS § 38-22-127 and CRS § 38-26-109) require that all funds paid to any contractor or subcontractor “shall be held in trust for the payment of the subcontractors,…
Dec 19
Denver’s Initiated Green Roof Ordinance Goes into Effect January 1, 2018

Denver’s Initiated Green Roof Ordinance Goes into Effect January 1, 2018

By: Jim Borgel In November’s general election, Denver voters approved the so-called green roof ordinance, which goes into effect on January 1, 2018. Under the ordinance, all new buildings in the City and County of Denver that are 25,000…
Dec 19
Denver’s Initiated Green Roof Ordinance Goes into Effect January 1, 2018

Denver’s Initiated Green Roof Ordinance Goes into Effect January 1, 2018

By: Jim Borgel In November’s general election, Denver voters approved the so-called green roof ordinance, which goes into effect on January 1, 2018. Under the ordinance, all new buildings in the City and County of Denver that are 25,000…

Rank this Week: 1969

Infra Insight Blog

Covers infrastructure news, policy and industry developments. By Nossaman LLP.

http://www.infrainsightblog.com

May 16
FRA Releases Latest Railroad Progress Report as PTC Deadline Loom

FRA Releases Latest Railroad Progress Report as PTC Deadline Loom

As the December 31, 2018 deadline approaches for freight, passenger, and commuter railroads to implement Positive Train Control (“PTC”), the Federal Railroad Administration (“FRA”) is reporting on the progress of…
Apr 24
Senator Highlights Concerns Regarding Freight Train Interference of Amtrak Passenger Train

Senator Highlights Concerns Regarding Freight Train Interference of Amtrak Passenger Train

The U.S. Senate Committee on Commerce, Science, & Transportation (“Commerce Committee”) recently held a nomination hearing to fill two vacancies on the Surface Transportation Board (“STB”), the economic regulator…
Apr 14
Commercial Close Achieved for the Automated People Mover (APM) Project at LAX

Commercial Close Achieved for the Automated People Mover (APM) Project at LAX

The Automated People Mover (APM) train system project at Los Angeles International Airport (LAX) reached a remarkable milestone this week with Los Angeles City Council’s unanimous approval of a $4.9 billion agreement with LAX…

Rank this Week: 3408

California Construction Law Blog

Construction law news and information from the Golden State. By Garret Murai.

http://calconstructionlawblog.com

May 14
Let it Shine: California Mandates Rooftop Solar for New Residential Construction

Let it Shine: California Mandates Rooftop Solar for New Residential Construction

California. Birthplace of the Frisbee, skateboard, television, canned tuna and (yup) fortune cookies has added another first to the list: California has become the first state in the…
Apr 30
Attention D-40 Service Station Equipment Maintenance Contractors!

Attention D-40 Service Station Equipment Maintenance Contractors!

As many of you know, the California Contractors State License Board, in addition to issuing Class A General Engineering, Class B General Contractor, and Class C…
Apr 24
Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense

Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense

In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you…

Rank this Week: 2252

Florida Construction Industry Law…

Florida Construction Industry Law Blog

Covers topics specifically concerning the construction industry, procedural components of civil litigation, case law updates and legal issue analysis. By Jimerson & Cobb, P.A.

http://www.jimersoncobb.com/blog/category/florida-construction-industry/

May 14
Work A General Contractor Can Self-Perform In Florida

Work A General Contractor Can Self-Perform In Florida

The Florida Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry in Florida. As a result, the Florida Legislature enacted Chapter 489, Florida Statutes. …
May 8
Public Construction Projects in Florida: Bond Claims and Bond Requirement

Public Construction Projects in Florida: Bond Claims and Bond Requirement

Any person or business performing construction work on a state, county or city project in Florida (“public project”) is typically concerned about payment for its work. Since those persons or businesses do not have…
May 2
Heads Up Contractors—“Living Wage” Ordinances Recently Enacted by some Florida Municipalitie

Heads Up Contractors—“Living Wage” Ordinances Recently Enacted by some Florida Municipalitie

A few Florida municipalities recently enacted so-called “Living Wage” ordinances. For instance, such ordinances have been adopted by Broward and Alachua counties, and the cities of Miami, West Palm Beach, and St. Petersburg.…

Rank this Week: 2471

Florida Construction Industry Law…

Florida Construction Industry Law Blog

Covers the construction industry, procedural components of civil litigation, case law updates and legal issue analysis. By Jimerson & Cobb.

http://www.jimersoncobb.com/blog/category/florida-construction-industry/

May 14
Work A General Contractor Can Self-Perform In Florida

Work A General Contractor Can Self-Perform In Florida

The Florida Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry in Florida. As a result, the Florida Legislature enacted Chapter 489, Florida Statutes. …
May 8
Public Construction Projects in Florida: Bond Claims and Bond Requirement

Public Construction Projects in Florida: Bond Claims and Bond Requirement

Any person or business performing construction work on a state, county or city project in Florida (“public project”) is typically concerned about payment for its work. Since those persons or businesses do not have…
May 2
Heads Up Contractors—“Living Wage” Ordinances Recently Enacted by some Florida Municipalitie

Heads Up Contractors—“Living Wage” Ordinances Recently Enacted by some Florida Municipalitie

A few Florida municipalities recently enacted so-called “Living Wage” ordinances. For instance, such ordinances have been adopted by Broward and Alachua counties, and the cities of Miami, West Palm Beach, and St. Petersburg.…

Rank this Week: 2486

Construction Law in North Carolina

Discusses construction law issues in North Carolina. By Melissa Dewey Brumback.

http://constructionlawnc.com

May 7
Top AIA A201 construction contract changes: a handy cheat-sheet

Top AIA A201 construction contract changes: a handy cheat-sheet

Friday, I wrote an article for Chris Hill’s Virginia-based blog, Construction Law Musings, summarizing the Top 10 Changes to the AIA A201, that I discussed in depth over the past few weeks here on this blog. If you missed any of…
May 3
Green & Sustainable Roof Design- A Durham Case Study

Green & Sustainable Roof Design- A Durham Case Study

A recent Roofing Magazine article featured a Durham, North Carolina green home belonging to Alison Trott. The home is notable for its extensive green and sustainable roof features. For a relatively modest 3,400 sq footprint, the house…
Apr 27
Design Professionals’ Stamping & Sealing Obligations (50 state survey) (law note)

Design Professionals’ Stamping & Sealing Obligations (50 state survey) (law note)

Do you sometimes wonder if you are meeting your stamping & sealing obligations in each state where you practice engineering or architecture? Ever find yourself with some questions about how another jurisdiction handles design professional…

Rank this Week: 4321

Grimshaw Blog

Covers construction and insurance issues in New Zealand. By Grimshaw & Co.

http://www.grimshaw.co.nz/news-resources/

May 1
Freezing Order

Freezing Order

Grimshaw & Co recently obtained a freezing order in the High Court, in the context... The post Freezing Orders appeared first on Grimshaw.
Mar 19
Grimshaw & Co’s new offices help them remain at the cutting edge of technology

Grimshaw & Co’s new offices help them remain at the cutting edge of technology

Grimshaw & Co has always been a law firm that’s “going places” – but seldom... The post Grimshaw & Co’s new offices help them remain at the cutting edge of technology appeared first on Grimshaw.
Sep 5
Entries open for New Zealand’s leading literary fellowship

Entries open for New Zealand’s leading literary fellowship

Applications for the 2018 Grimshaw Sargeson Fellowship are now open. In its 31st year, the... The post Entries open for New Zealand’s leading literary fellowship appeared first on Grimshaw.

Rank this Week: 2167

Georgia Construction, Lien & Bond…

Georgia Construction, Lien & Bond Blog

Covers recent case law, changes in the statutory law, advice and practical tips on construction law including filing materialmen's liens, payment bond claims, Miller Act issues, construction contracting, and public works.

http://cobblawgroup.net/blog/

May 1
The Art of Mediating A Construction Dispute

The Art of Mediating A Construction Dispute

Since its inception, the construction attorneys at the Cobb Law Group have successfully participated in mediation and arbitration on behalf of contractors and subcontractors; starting this summer, two members of our firm will be certified in…
Apr 18
Construction Lawyers Learn the Business of Construction

Construction Lawyers Learn the Business of Construction

by Mark A. Cobb Every year, we attend on or more of the construction law seminars hosted by the American Bar Association’s Forum on Construction Law. In January, Stephanie Dougherty and I attended the Forum’s session on laws…
Apr 9
Portal Web Para Nuestros Clientes Hispanohablante

Portal Web Para Nuestros Clientes Hispanohablante

By: Francisco R. García-Soroeta Nos place presentar, a toda la comunidad hispanohablante, nuestro nuevo portal web en español. En el Cobb Law Group siempre nos hemos esmerado para asistir a la comunidad extensa que vive…

Rank this Week: 2596

Georgia Construction, Bond & Lien…

Georgia Construction, Bond & Lien Law Blog

Covers Georgia state law and information related to pending and recent changes to law affecting construction professionals. By Cobb Law Group.

http://cobblawgroup.net/blog

May 1
The Art of Mediating A Construction Dispute

The Art of Mediating A Construction Dispute

Since its inception, the construction attorneys at the Cobb Law Group have successfully participated in mediation and arbitration on behalf of contractors and subcontractors; starting this summer, two members of our firm will be certified in…
Apr 18
Construction Lawyers Learn the Business of Construction

Construction Lawyers Learn the Business of Construction

by Mark A. Cobb Every year, we attend on or more of the construction law seminars hosted by the American Bar Association’s Forum on Construction Law. In January, Stephanie Dougherty and I attended the Forum’s session on laws…
Apr 9
Portal Web Para Nuestros Clientes Hispanohablante

Portal Web Para Nuestros Clientes Hispanohablante

By: Francisco R. García-Soroeta Nos place presentar, a toda la comunidad hispanohablante, nuestro nuevo portal web en español. En el Cobb Law Group siempre nos hemos esmerado para asistir a la comunidad extensa que vive…

Rank this Week: 4384

Georgia Construction, Lien & Bond…

Georgia Construction, Lien & Bond Law

By Cobb Law Group.

http://cobblawgroup.net/blog/

May 1
The Art of Mediating A Construction Dispute

The Art of Mediating A Construction Dispute

Since its inception, the construction attorneys at the Cobb Law Group have successfully participated in mediation and arbitration on behalf of contractors and subcontractors; starting this summer, two members of our firm will be certified in…
Apr 18
Construction Lawyers Learn the Business of Construction

Construction Lawyers Learn the Business of Construction

by Mark A. Cobb Every year, we attend on or more of the construction law seminars hosted by the American Bar Association’s Forum on Construction Law. In January, Stephanie Dougherty and I attended the Forum’s session on laws…
Apr 9
Portal Web Para Nuestros Clientes Hispanohablante

Portal Web Para Nuestros Clientes Hispanohablante

By: Francisco R. García-Soroeta Nos place presentar, a toda la comunidad hispanohablante, nuestro nuevo portal web en español. En el Cobb Law Group siempre nos hemos esmerado para asistir a la comunidad extensa que vive…

Rank this Week: 1125

On Solid Ground: The Mirick Real…

On Solid Ground: The Mirick Real Estate Law Blog

Covers news and commentary on real estate development, environmental and construction law. By Mirick O'Connell.

http://mirickrealestatelawblog.com/

Apr 26
Construction Defect Claims and the Often Misunderstood Application of Express and Implied Warrantie

Construction Defect Claims and the Often Misunderstood Application of Express and Implied Warrantie

A claim for breach of construction warranty must be filed within the time allowed by the applicable statutes of limitation or repose. Most jurisdictions, including Massachusetts, allow parties to modify that period by agreement. …
Jul 18
Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana

Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana

Originally posted on offtheclockemploymentblog: In a long-awaited decision, the highest court in Massachusetts – the Supreme Judicial Court (“SJC”) – ruled today in Cristina Barbuto v. Advantage Sales & Marketing,…
Jul 14
New 2017 AIA Documents Released – Are You Prepared?

New 2017 AIA Documents Released – Are You Prepared?

The construction contracts created by American Institute of Architects (“AIA”) have, for several decades, been established as the industry standard for contract forms. There exist AIA forms for every imaginable project…

Rank this Week: 1159

Construction Law Canada

Covers recent developments in construction law in Canada. By Thomas G. Heintzman.

http://www.constructionlawcanada.com/

Apr 26
Supreme Court Finds Contractor Has A Duty To Tell Sub-Subcontractors About The Existence Of A Payment Bond

Supreme Court Finds Contractor Has A Duty To Tell Sub-Subcontractors About The Existence Of A Payment Bond

In a much anticipated decision, the Supreme Court of Canada has recently held that a contractor which is a trustee under a payment bond has an obligation to advise sub-contractors of the existence of the bond applicable to the project. In…
Apr 5
One Arbitration Under Two Separate Arbitration Agreements Held To Be Invalid

One Arbitration Under Two Separate Arbitration Agreements Held To Be Invalid

In A v B, [2017] EWHC 3417 (Comm), the High Court of Justice of England and Wales has recently held that an arbitrator in an arbitration commenced by a single request to arbitrate did not have jurisdiction to decide disputes under multiple…
Mar 17
The Ontario Construction Act: What Does It Mean, Especially Regarding Paid When Paid Clauses?

The Ontario Construction Act: What Does It Mean, Especially Regarding Paid When Paid Clauses?

The Ontario Construction Lien Act, 2017 was given Royal Assent on December 12, 2017 as S.O. 2017 C.24. This statue changes the name of the Ontario Construction Lien Act to the Construction Act (which I will refer to as the new Act) and…

Rank this Week: 2788

Florida Construction Law News

Covers Florida construction law legislation, case law, trends and issues. By Cole, Scott & Kissane, P.A.

http://floridaconstructionupdate.com/

Apr 24
The Importance of the Subcontractor Exception to the “Your Work” Exclusion

The Importance of the Subcontractor Exception to the “Your Work” Exclusion

Commercial General Liability (CGL) policies typically include a “your work” exclusion, excluding coverage for “’property damage’ to ‘your work’ arising out of it or any part of it and included in the…
Jan 24
Construction Trial Succe

Construction Trial Succe

We are pleased to congratulate Dan Levin and George Truitt on a very successful verdict in a three (3) week construction defect jury trial in Miami. The Plaintiff, a luxury high rise condominium association in the Williams Island section of…
Dec 15
Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co.

Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co.

The Florida Supreme Court issued its opinion in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., Case No., SC16-1420, which answered the following certified question from the United States Court of Appeals for the Eleventh…

Rank this Week: 3264

Colorado Construction Litigation

Covers construction litigation in Colorado. By Higgins, Hopkins, McLain & Roswell, LLC.

http://www.coloradoconstructionlitigation.com/

Apr 18
Scholarships Available for the 2018 CLM Claims College – School of Construction

Scholarships Available for the 2018 CLM Claims College – School of Construction

I am happy to have been asked to serve as an Executive Council member and instructor at this year's CLM Claims College – School of Construction, to be held at the Marriott Baltimore Waterfront in Baltimore, Maryland on Wednesday,…
Mar 28
The Curious Case of the Three Year Statute of Limitations for Construction Earth Mover

The Curious Case of the Three Year Statute of Limitations for Construction Earth Mover

On March 6, 2018, Judge Edward Moss of Adams County issued a noteworthy, if bizarre, order concluding that construction excavators and earthmovers are uniquely subject to a three year statute of limitations. By way of background, in Colorado,…
Mar 27
Dave McLain to Speak at the MBA's Condominium Lending Workshop 2018

Dave McLain to Speak at the MBA's Condominium Lending Workshop 2018

I am honored to have been invited to speak at the Mortgage Bankers Association Condominium Lending Workshop 2018. I will be participating as a panelist on the Condo Defect Panel: The CO Perspective, along with Nate Santillanes, CRIS,…

Rank this Week: 4156

Duncan Linton LLP Blog

Covers construction law, employment law and wills and estates in Canada.

https://www.kwlaw.net/blog/

Apr 11
Buyer Beware! Caveat Emptor and Real Estate Transaction

Buyer Beware! Caveat Emptor and Real Estate Transaction

Most of us have heard the expression, “let the buyer beware,” which is also known as a legal doctrine, “caveat emptor.” In this post, we will look at the doctrine of buyer beware in real estate transactions. What…
Apr 4
Significant Changes to the Land Use Planning Appeal System – Part 2

Significant Changes to the Land Use Planning Appeal System – Part 2

In our last post, we reviewed the Building Better Communities and Conserving Watersheds Act, 2017, which came in to force on April 3, 2018. It includes new rules which are intended to place more control and power in the hands …
Mar 28
Significant Changes to the Land Use Planning Appeal System – Part 1

Significant Changes to the Land Use Planning Appeal System – Part 1

Last December, the Ontario government passed Bill 139, which made changes to the land-use planning process intended to reform the existing system and provide local parties with a stronger voice in the process. This post will outline…

Rank this Week: 2044

Virginia Real Estate, Land Use…

Virginia Real Estate, Land Use & Construction Law

Covers Virginia real estate, land use, and construction law issues, such as green building and LEED. By Bean Kinney & Korman.

https://www.beankinney.com/virginia-employment-law-journal

Mar 16
5 Steps an Employer Can Take to Limit Liability for Sexual Harassment

5 Steps an Employer Can Take to Limit Liability for Sexual Harassment

A previous blog post discussed sexual harassment in the workplace. This post discusses steps that an employer can take to avoid liability for sexual harassment, or at least minimize legal exposure. 1. Have a Sexual Harassment Policy An…
Feb 13
DOL Adopts More Flexible Test to Determine When Interns Must Be Paid Under The Fair Labor Standards Act

DOL Adopts More Flexible Test to Determine When Interns Must Be Paid Under The Fair Labor Standards Act

Just as many employers are heading into the 2018 summer-intern recruitment season, the U.S. Department of Labor (“DOL”) announced that it has abandoned the rigid six-factor test in use since 2010 to determine whether interns of…
Jan 26
Maryland Paid Sick Leave Law Goes Into Effect on February 11, 2018

Maryland Paid Sick Leave Law Goes Into Effect on February 11, 2018

On January 12, 2018, Maryland became the latest state to require employers to provide paid sick leave to employees, when the Maryland General Assembly overrode Governor Larry Hogan’s veto of the bill last year. The bill - known as the…

Rank this Week: 4567

Texas Construction Law Blog

By Gray Reed & McGraw, P.C.

http://www.texasconstructionlawblog.com/

Mar 7
The Storm After the Storm

The Storm After the Storm

Co-authors: Russell Jumper and Tim Fandrey. Published in Cleaning & Restoration Magazine. Just as the Texas coast assessed the magnitude of Hurricane Harvey’s damage, Hurricane Irma was taking shape in the Atlantic. Fewer than…
Feb 7
Protecting Yourself in a Volatile Labor Market

Protecting Yourself in a Volatile Labor Market

Co-authors: JP Vogel and Tim Fandrey. Published in Build Houston Magazine. Texas is a hot-bed for construction. In 2016, according to the Virtual Builders Exchange, Texas was second only to New York in construction expenditures,…
Nov 15
A Myth About Delay – Revisited

A Myth About Delay – Revisited

Construction lawyers routinely deal with delay claims. I have presented or defended more of them than I can remember. That is why I was curious when, earlier this year, I received a series of email invitations to presentations on the…

Rank this Week: 2220

Federal Construction Contracting…

Federal Construction Contracting Blog

Provides legal information and resources for federal construction contractors. By Payne Hackenbracht & Sullivan.

http://federalconstruction.phslegal.com/

Feb 13
On the Road to Connect Business and Government!

On the Road to Connect Business and Government!

We recently hit the road with Onvia, a leading government market intelligence company that was just acquired by Deltek. The combination of Onvia and Deltek’s GovWin IQ provides enterprise, mid-market, and small business customers with…
Feb 1
National 8(a) Winter Conference – Changes Coming for SDVOSB

National 8(a) Winter Conference – Changes Coming for SDVOSB

Hello from Nashville, Tennessee! I’m currently at the National 8(a) Association’s Winter Conference and had the privilege of participating in a great panel discussion with some of the leading small business scholars and…
Jan 31
The GAO’s Electronic Docket May Be Going Live Soon!

The GAO’s Electronic Docket May Be Going Live Soon!

The Consolidated Appropriations Act for Fiscal Year 2014 required the U.S. Government Accountability Office (“GAO”) to establish an electronic docketing system for bid protests. Now, four years later, there are indications that…

Rank this Week: 1208

TexLaw Today Blog

Covers how businesses growth in North Texas intersects with current legal developments. By Mark L. Hill of Scheef & Stone, LLP.

http://www.markhilltx.com

Feb 11
Arbitration – Friend or Foe

Arbitration – Friend or Foe

Arbitration is an increasingly common alternative to traditional resolution of business disputes in state and federal courts. Most sophisticated businesses have used or experienced contracts with arbitration clauses at some point in the…
Nov 15
A Little Secret About Trade Secret

A Little Secret About Trade Secret

A business commonly has all sorts of valuable assets. Most businesses have some combination of assets such as real estate, equipment, inventory, cash, receivables and patents just to name a few. One class of assets that can be…
Nov 15
A Little Secret About Trade Secret

A Little Secret About Trade Secret

A business commonly has all sorts of valuable assets. Most businesses have some combination of assets such as real estate, equipment, inventory, cash, receivables and patents just to name a few. One class of assets that can be…

Rank this Week: 1562

Florida Construction Lawyer Blog

By Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A.

http://www.floridaconstructionlawyerblog.com/

Feb 8
Article by Michael Clark in Today’s Daily Business Review: “Statute of Limitation Begins to Run When Principal Under Surety Bond Abandons Construction Project”

Article by Michael Clark in Today’s Daily Business Review: “Statute of Limitation Begins to Run When Principal Under Surety Bond Abandons Construction Project”

Firm partner B. Michael Clark Jr. authored an article that appeared as a “Board of Contributors” guest column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court…
Jan 17
Article by Nicholas Siegfried in Today’s DBR: “Contractors That Allow Court Notices to Fall Through the Cracks Will Face Severe Consequences”

Article by Nicholas Siegfried in Today’s DBR: “Contractors That Allow Court Notices to Fall Through the Cracks Will Face Severe Consequences”

Firm partner Nicholas D. Siegfried authored an article that appeared as a “Board of Contributors” guest column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official…
Jan 3
Article by Michael Clark in Today’s Daily Business Review: “Fla. Supreme Court Finds Insurers Liable From Onset of Construction Defect Pre-Suit Process”

Article by Michael Clark in Today’s Daily Business Review: “Fla. Supreme Court Finds Insurers Liable From Onset of Construction Defect Pre-Suit Process”

Firm partner B. Michael Clark Jr. authored an article that appeared as a “Board of Contributors” guest column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court…

Rank this Week: 3010

New York Commercial and…

New York Commercial and Construction Lawyer Blog

Covers business and insurance law. By Rich, Intelisano & Katz, LLP.

http://www.newyorkcommercialconstructionlawyer.com/

Jan 3
Varying Interpretations of Lien Law Section 3’s Consent Requirement

Varying Interpretations of Lien Law Section 3’s Consent Requirement

Last September, the New York Court of Appeals granted a motion for leave to appeal the Fourth Department’s decision in Ferrera v. Peaches Café LLC, 138 A.D.3d 1391, 30 N.Y.S.3d 765 (4th Dep’t 2016). In Peaches, the Fourth…
Oct 27
How Contract Drafting Effects the Establishment of a Lien Fund

How Contract Drafting Effects the Establishment of a Lien Fund

According to the New York Lien Law, a mechanic’s lienor who is a subcontractor may only recover on its lien claim if it can establish there is a Lien Fund. That means the lienor must establish that funds were due and owing from the…
Sep 12
When The Party Is Over For A Party Wall

When The Party Is Over For A Party Wall

A recent case from Supreme Court, New York County, clarifies a limit to the rights of a property owner that shares a party wall with a neighbor who redevelops its site without relying on the party wall. The post When The Party Is Over For A…

Rank this Week: 2462

Construction Law Blog

Covers construction litigation and legislation in Washington, Alaska and Oregon. By Ahlers & Cressman PLLC.

http://www.ac-lawyers.com/news

Dec 7
Five "Boilerplate" Terms to Negotiate in Your Next Subcontract - Part II

Five "Boilerplate" Terms to Negotiate in Your Next Subcontract - Part II

As was stated in Part I of this article, whether you negotiate your own subcontracts or rely on your lawyer to do the heavy lifting at contract time, a savvy subcontractor should understand the basic purpose of common subcontract…
Nov 3
Five "Boilerplate" Terms to Negotiate in Your Next Subcontract

Five "Boilerplate" Terms to Negotiate in Your Next Subcontract

Whether you negotiate your own subcontracts or rely on your lawyer to do the heavy lifting at contract time, a savvy subcontractor should understand the basic purpose of common subcontract provisions, and be prepared to negotiate for fair and…
Oct 20
Increases to Washington’s Minimum Wage

Increases to Washington’s Minimum Wage

As part of Washington’s Initiative 1433, approved by voters in November 2016, Washington’s minimum wage will be increased to $13.50 by January 1, 2020. At the time the initiative was approved, Washington’s minimum wage…

Rank this Week: 4123

Adam Zasada's Ontario Construction…

Adam Zasada's Ontario Construction Law and Litigation Blog

Covers construction law and litigation in Canada and, in particular, the Province of Ontario. By Robson Carpenter LLP.

http://www.ontarioconstructionlaw.com/

Dec 6
The Ontario “Construction Lien Amendment Act” Passe

The Ontario “Construction Lien Amendment Act” Passe

On December 5, 2017, the Ontario Legislature passed Bill 142 – the “Construction Lien Amendment Act” which will dramatically change and modernize the Ontario Construction Lien Act (to be re-named the Construction Act)…
Sep 21
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Sep 21
Hacked By By XwoLfTn

Hacked By By XwoLfTn

Hacked By XwoLfTn Long life for Tunisia long life to Palestine ./Exit

Rank this Week: 3610

Natural Resources and Mining Law…

Natural Resources and Mining Law Blog

Covers energy law and real estate and property law. By Jeffer Mangels Butler & Mitchell LLP.

http://mininglaw.jmbm.com/

May 9
The DOI’s Review of National Monuments – What it means to the mining industry

The DOI’s Review of National Monuments – What it means to the mining industry

By Kerry Shapiro Last week, President Trump signed an executive order with potentially wide-ranging implications for the mining industry and many other affected stakeholders. The order directs the Department of the Interior (DOI) to review…
May 9
The DOI’s Review of National Monuments – What it means to the mining industry

The DOI’s Review of National Monuments – What it means to the mining industry

By Kerry Shapiro Last week, President Trump signed an executive order with potentially wide-ranging implications for the mining industry and many other affected stakeholders. The order directs the Department of the Interior (DOI) to review…
Apr 20
Double Deja Vu: California AB 219 is Reinstated

Double Deja Vu: California AB 219 is Reinstated

My partner, Jon Welner, is a leading practitioner of prevailing wage law in California and is the Chair of JMBM’s Prevailing Wage Group. He is also a member of JMBM’s Natural Resources and Mining Group and advises and defends the…

Rank this Week: 2016

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